“The postmortem right of publicity is big, big money. “You’re seeing a tremendous growth in both infringement and licensing opportunities,” he said.
“HUJ cannot ‘inherit’ rights from Albert Einstein which did not exist at the time of his death,” according to court papers.Ĭelebs and the estates of deceased celebs usually have to fight for their rights, top copyright lawyer Lloyd Jassin said. The school has no right to publicize and profit from Einstein’s name, Forum claims in a lawsuit it filed last week in Manhattan federal court.Įinstein might have left his papers and the literary rights from his estate to the school when he died in 1955 at age 76, but he died in New Jersey - and under New Jersey law, a person has a right of publicity only if he or she commercially exploits their name before they die.Įinstein didn’t, Forum Novelties asserts, so Hebrew University is in the wrong. Hebrew University wants to be paid each time Forum sells such a kit, but the company is fighting back, claiming the school has made a critical blunder in its pursuit of profit. Now it has gone after Forum Novelties, which sells “disguise kits” for kids, including an Albert Einstein likeness (including a white, curly-haired wig and a white moustache) in its “Heroes in History” line. The university secured a trademark on the Einstein name in 2003, and earned $10 million last year alone from the use of Einstein’s name and image.
That’s because the Israeli university that inherited the physicist’s papers in his will has made sure it has gotten paid every time his name or image is used commercially, in everything from “Baby Einstein” videos to TV commercials. A Queens costume company and Hebrew University of Jerusalem are colliding over the rights to Albert Einstein’s face.
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